United States 116th Congress Status: In Committee 1 D cosponsors

HR 863 — DXM Abuse Prevention Act of 2019

Last action — Referred to the House Committee on Energy and Commerce.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 116th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

DXM Abuse Prevention Act of 2019 This bill addresses the sale and distribution of dextromethorphan (DXM). Specifically, the bill requires a retailer that sells certain drugs containing DXM to have a verification system that is intended to ensure that no one under 18 years of age purchases such drugs from the retailer. The bill also establishes restrictions on (1) the sale of over-the-counter drugs containing DXM, and (2) the distribution of bulk DXM.

Bill Text

How this bill changes current law

3 changes Share ↗

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill establishes new requirements for the sale of over-the-counter drugs containing dextromethorphan and introduces penalties for non-compliance.

  • 21 U.S.C. 331

    (fff) The failure of a retailer (as defined in section 506H) that offers for sale in interstate commerce covered drugs (as defined in section 506H) to have a verification system as required by section 506H (relating to sales of over-the-counter drugs containing dextromethorphan).

    This change adds a new prohibition against retailers not having a required verification system for selling covered drugs containing dextromethorphan.

  • 21 U.S.C. 331

    (ggg) The introduction or delivery for introduction into interstate commerce of any covered drug (as defined in section 506H) whose labeling does not include-- "(1) a universal product code, universal product number, bar code, or similar identifier to allow an electronic point of sale system to recognize that the sale of the covered drug is prohibited to those under the age of 18; and "(2) the established name of each active ingredient of the covered drug within the first panel of the drug facts labeling required by section 201.66(c) of title 21, Code of Federal Regulations (or any successor regulations), in no smaller than 6-point type.

    This change prohibits the sale of covered drugs unless their labeling includes specific identifiers and active ingredient information.

  • 21 U.S.C. 333

    (h) A retailer that violates section 301(fff) shall not be subject to subsection (a) or any civil monetary penalty under this Act for such violation except as follows: "(1) If the Secretary finds that a retailer fails to have a verification system in violation of section 301(fff)--"(A) upon the first such finding, the Secretary shall issue a formal notice of violation and give the retailer a period of at least 30 days (beginning on the receipt of such notice) to correct the violation; "(B) upon the second such finding, the retailer shall be subject to a civil penalty of not more than $1,000; "(C) upon the third such finding, the retailer shall be subject to a civil penalty of not more than $2,000; and "(D) upon the fourth and any subsequent such finding, the retailer shall be subject to a civil penalty of not more than $5,000.

    This addition establishes a framework for civil penalties against retailers for failing to comply with the new verification requirements.

Action History

  1. Introduced in House

  2. Introduced in House

  3. Referred to the House Committee on Energy and Commerce.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

public-safety healthcare
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Frequently asked questions

What does HR 863 do?
DXM Abuse Prevention Act of 2019 This bill addresses the sale and distribution of dextromethorphan (DXM). Specifically, the bill requires a retailer that sells certain drugs containing DXM to have a verification system that is intended to ensure that no one under 18 years of age purchases such drugs from the retailer. The bill also establishes restrictions on (1) the sale of over-the-counter drugs containing DXM, and (2) the distribution of bulk DXM.
Who sponsors HR 863?
HR 863 is sponsored by Matsui, Doris O. (Democratic).
What is the current status of HR 863?
This bill died with 116th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HR 863?
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